The United Nations Conventions on the Rights of the Child is the most rapidly and widely ratified human rights treaty in history, with 194 countries as “State parties.” Within the Caribbean region, 15 countries are State parties to the Convention.

Article 19 (1) of the Convention provides that “State parties take all appropriate legislative, administrative, social and educational measures to protect a child from all forms of physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation, including sexual abuse, while in the care of a parent(s), legal guardian(s) or any other person who has the care of the child.”

A child is defined both in the Convention and in the various pieces of legislation relative to child care and protection across the region to mean a person under 18 years. In Jamaica as it relates to certain offences such as sexual touching or interference of a child under the Sexual Offences Act, a child is defined as a person under 16 years of age.

We will take a special look at Trinidad and Tobago as well as other countries across the Caribbean to see how they protect children from sexual abuse through its laws.

Both Grenada and Trinidad and Tobago have established statutory bodies, respectively the Child Protection Authority and The Children’s Authority; which are mandated to provide amongst other things, for the care, protection and rehabilitation of children. Whilst Jamaica enacted the Child Care and Protection Act which established the offices of the Children’s Advocate and the Children’s Registry. 

Across the region sexual abuse has been a rising form of abuse, for example in Trinidad and Tobago, a 2019 report, revealed that of over 4000 reported cases, 22.6% involved sexual abuse. In Jamaica, over the period 2007-2017 statistics revealed that of 96,345 reports of child abuse 27,200 were in relation to sexual abuse. 

Legislators have created several sexual offences against minors which impose heavy penalties. For example, in Trinidad and Tobago they include:

  • Female genital mutilation;
  • Aiding and abetting, counselling or procuring female genital mutilation – upon conviction on indictment to      imprisonment for 15 years;
  • Paying (includes the provision of goods or services) for the sexual services of a child;
  • Causing or inciting prostitution;
  • Sexual penetration of a child – the offender is liable on conviction on indictment to imprisonment for life;
  • Sexual touching of a child under the age of 16 years;
  • Sexual touching involving placing of any body part or object onto the penis or bodily orifice of a child – is    liable on conviction on indictment to imprisonment for life;
  • Causing or inciting a child to engage in sexual activity with an animal–upon conviction on indictment to imprisonment for 25 years;
  • Engaging in sexual activity in the presence of a child under 16 years of age;
  • Causing a child under the age of 16 years to watch a sexual act; 
  • Meeting a child following sexual grooming;
  • Offences relating to child pornography (Part VIII); includes the making, distribution, publishing, purchasing, possessing and accessing child pornography and is liable on conviction on indictment to a fine of $30,000 and imprisonment for 10 years.

Persons in positions of trust and familial relations to children share unique relationships with them and are held to higher standards to ensure their care and protection. In Trinidad and Tobago a person of trust includes persons in authority in whose care a child is placed, such as nurses, doctors, social workers, teachers, scoutmasters to name a few. Where such a person commits an offence that is not penetration and is found guilty upon summary conviction is liable to a fine of $50,000 and imprisonment for 15 years; or upon conviction on indictment to imprisonment for 25 years. However, if the offence involves penetration, the person in trust/familial relation can be imprisoned for life upon indictment. The Sexual Offences Act of Jamaica goes a step further where the offender has authority or guardianship over the child, the Court can divest the person if convicted of all authority or guardianship. 

Some jurisdictions have a mandatory obligation on certain persons to report any reasonable belief that a child is a victim of a sexual offence. In Grenada, the Criminal Code Amendment Act, requires parents or guardians to make such reports and failure to do so carries a fine of up to $15,000 and/or imprisonment for 7 years. Whilst in Trinidad and Tobago the penalty is the same, the persons upon whom the obligation is placed extends to teachers, doctors, nurses, and anyone who has actual custody of a child.

Interestingly, in Trinidad and Tobago legislators recognized that children engaged in sexual activities with their peers and sought to decriminalize the same. These provisions are fondly referred to as the “Romeo Clauses.” The law looks at three age categories: (i) 16 to 21 years of age and no more than three years older than the child; (ii) 14 to 15 years of age and no more than two years older than the child; and (iii) 12 to 13 years of age and no more than two years older than the child.

Across the region only Jamaica, Trinidad and Tobago and Belize have Sex Offender Registry Laws in some form. However, Trinidad and Tobago is the first country in the CARICOM to have a public sex offender registry. The Sexual Offences Amendment Bill, which was passed on June 15, 2021 creates a Public Sex Offender Website which is accessible to the public in addition to a National Sex Offender Register for use by law enforcement. 

It is clear that the legislators are holding fast to their obligations to ensure the protection and well-being of children against sexual predators.  The law continues to evolve to account for advances in technology and the ease with which it allows children to be targeted.  The use of technology in facilitating the public’s access in Trinidad and Tobago to an online Sex Offender Registry acts as another layer and deterrent of sexual crimes in particular towards minors in addition to the high penalties and we may soon see other countries in the region following suit.